"Arraignment" means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9). The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the...
What are the penalties for a DWI (Misdemeanor) conviction?
A Driving While Intoxicated conviction, either after a trial or as a result of plea bargain, is a misdemeanor crime and the possible penalties are: Incarceration of up to 1 year Fine between $500-$1,000 and surcharge of $395 A DMV Driver Responsibility Assessment of $250 each year for 3 years for a total of $750. Installation of an Ignition Interlock Device on the driver's vehicle for a period of not less than 6 months. Driver's License Suspension A Period of Probation or Conditional Discharge A permanent criminal record These penalties are possible but not required upon...
Will my out-of-state conviction affect my current New York DWI charge?
New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge. The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few. If you are currently charged with a DWI in New York and have...
What is Leandra's Law?
The Child Passenger Protection Act known as Leandra's Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices. The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009. The New Felony DWI Charges First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...
Commercial Driver License (CDL) and DWI charges in New York
DWI is a serious charge for all drivers but for drivers holding a Commercial Driver License (CDL)* it presents additional consequences and considerations. CDL in Jeopardy Even When Driving Personal Vehicle In the past, the only time a DWI conviction could affect a commercial driving license was if the driver was actually operating a commercial motor vehicle at the time of the offense. Nowadays, CDL holders should be aware that their CDL is in jeopardy whether driving a commercial motor vehicle or their personal car/truck, all-terrain vehicle, snowmobile, or boat. Enhanced...